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NUPUR BHATI
Phoolaram, S/o. Gulabram – Appellant
Versus
Bajranglal, S/o. Late Shri Malaram – Respondent
ORDER :
(Nupur Bhati, J.)
1. This writ petition has been filed by the petitioners/plaintiffs under Article 227 of the Constitution of India challenging the order dated 19.07.2024 passed by learned Additional District Judge, Nokha, Bikaner in Civil Suit No. 20/2023 (Bajranglal & Anr. v LRs of Phoolaram), whereby the application filed by the respondents-defendants under Order IX Rule 13 of the Code of Civil Procedure, 1908 (‘CPC’) was allowed by the learned Trial Court.
2. The writ petition has been preferred with the following prayers:-
2. Any other appropriate writ, order direction which this Hon'ble Court may deem just and proper may kindly be passed in favour of the petitioner. or
3. The cost of the writ petition may kindly be awarded in favour of the petitioner.”
3. Briefly stated, the facts of the case are that the petitioner-plaintif
Litigants should not suffer due to the negligence of their counsel; sufficient cause must be shown to set aside ex-parte decrees.
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
A defendant may set aside an ex-parte decree if sufficient cause for absence is shown, as per Order 9 Rule 13 of the CPC.
Litigants should not suffer for the negligence of their lawyers; courts should allow cases to be heard on merits rather than on technicalities.
Lack of knowledge about an ex parte decree can be a sufficient cause for condonation of delay in filing a petition under Order IX Rule 13 CPC.
Setting aside ex-parte decree – Real test for adjudication of a petition under Order IX Rule 13 CPC is whether litigant upon learning about ex-parte decree takes immediate steps in filing application....
The Court established that a petition under Order IX Rule 13 C.P.C. is maintainable without a formal order setting the defendant ex parte, and the nature of the judgment and decree is determinative i....
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